According to a Creston Police report, in May, law enforcement officers were advised a minor reported she had been sexually assaulted in September 2010. Officers were assisted in their investigation by Department of Human Services (DHS) personnel. Officers and DHS investigators met with the child. The child reported inappropriate physical contact with Smith.

The incident took place after school while the mother of the child was at work. Smith and the child engaged in oral-genital contact. Officers conducted digitally recorded interviews and obtained statements, which corroborate the report by the minor. Officers confirmed the child was under the age of 12 at the time of the incident.